Caveats stop an application for probate being granted by the Probate Registry for a person’s estate. Traditionally lodged using a paper form, they can now be lodged online. Consequently, there has been an uptick in caveats being entered in recent years. Once a caveat is lodged against a person’s estate, it lasts for six months during which time no Grant of Probate will be issued. After six months, it will expire, unless extended for a further six months. If a person wants to remove a caveat during this six-month, they need to issue what is known as a ‘warning’ to the person who lodged the caveat, called the caveator. The caveator can then enter an appearance. The Probate Registry will review the appearance and if they agree with the contents of the appearance, the caveat will be made permanent. This means it will not expire after six months and can only be removed by Court proceedings or the agreement of both parties.
Alternatively, instead of entering an appearance, a caveator can issue a summons, which will lead to the Probate Registry deciding who is entitled to apply for probate.
A caveat should only be lodged where a person has doubts as to the validity of a Will, or the executor’s entitlement to be named as executor or their ability in the role. Entering a caveat for any other reason is an abuse of due process. Nonetheless, now that caveats can be entered online, there has been a significant rise in disappointed beneficiaries entering caveats to frustrate the estate administration process and to cause delay. This coupled with the Probate Registry’s failure to review appearances with appropriate veracity is leading to many caveats being sealed. Not only does this make a mockery of the caveat system, but it leads to executors being unable to obtain a Grant of Probate. This in turn prevents them liquidating assets to pay inheritance tax owed. Inheritance tax must be paid within six months of the month of death, otherwise interest beings accruing at a rate of 7.25%. As explained in our recent article on Grants Ad Colligenda Bona, not being able to obtain the Grant of Probate can lead to a plethora of issues.
Druces’ Private Wealth Team has ample experience in advising on caveats and the removal of them. If you find yourself faced with a caveat, please do not hesitate to contact Partner, Paul Levy or Solicitor, Zoe Norton for some advice.
